58 Pa. Code § 183.351 - Prerace testing program
A prerace testing program may be established at a track designated by the Commission. The Commission shall operate the field laboratory located at the track and shall approve the reference laboratory affiliated with the program. For prerace testing the following procedures shall apply; all other testing regulations set forth in this section and not inconsistent with the herein prerace testing provisions shall remain in full force and effect and be used. Commission may charge fees to the associations for prerace testing.
(1) Blood samples shall be taken of
every horse programmed to race, prior to the race in which it is programmed,
for the purpose of determining the presence of any drug, stimulant, sedative,
depressant or medicine.
(2) Blood
samples shall be taken by the Commission veterinarian. The times at which the
horses in each race shall be delivered to the paddock for the taking of the
samples, as well as related procedures, shall be prescribed by the Commission
veterinarian.
(3) Permission for
the taking of prerace blood samples is mandatory and a horse may not be allowed
to race if the taking of the sample is refused unless the Commission
veterinarian, for good cause in his judgment, excuses the taking of the sample.
During the taking of a sample the trainer or groom must be in attendance to
manage the horse.
(4) Post-race
urine, saliva or blood samples will also be taken of winning horses and other
horses which may be designated under the provisions hereinafter set
forth.
(5) Urine or saliva samples,
or both may be taken of a horse whenever the prerace test is positive or when a
blood sample has not been taken, or a urine, saliva and blood sample may be
taken whenever, in the judgment of the Commission veterinarian or the Director
of the field laboratory, a urine, saliva and blood sample is required for
further analysis.
(6) Analyses of
samples, prerace and post-race, taken under this section, may be made at the
field laboratory and at the reference laboratory.
(7) Whenever there is a positive test result
of a prerace test, the director of the field laboratory shall immediately
notify the Commission veterinarian and the presiding judge and the presiding
judge shall scratch the horse. If said positive test result is the only test
result within 12 months prior to the present violation, the Judges presiding at
the racing program may impose a fine in the amount of not less than $100 nor
more than $250 dollars on the licensee and person, or both having control or
care or custody, or both, of the horse which has the positive test or the
person may be suspended and the matter referred to the Commission for hearing.
If the present positive test is the second violation or more within 12 months
prior to the present violation, the licensee and or person or persons, charged
with the violation shall be suspended and the matter referred to the Commission
for hearing. The horses being trained by any person suspended under this
section and §§
183.352-183.363 may be assigned another
trainer approved by the Presiding Judge having jurisdiction over the racing
program or by the Commission.
(8)
In a laboratory analysis of a specimen or sample of saliva, urine or blood, a
positive result is the presence of a substance foreign to the natural horse
except where tolerances and standards for such substance is established by the
Commission.
(9) A person
administering a drug, stimulant, sedative or depressant which results in a
positive test shall be considered in violation of this section and §§
183.352-183.363; subject to a fine or a
suspension, or both.
(10) As a
prerequisite to participating in a racing meet where prerace testing is in
effect, a declaration of acceptance is required. The signer consents, both for
himself or as the authorized agent of the owner of the horse, to permit a
licensed veterinarian to obtain blood sample in the paddock prior to the race
for the purpose of testing the sample before the race. The signer for himself
and as agent for the owner of the horse hereby directs and consents to the
scratching of the horse from the race in the event that the test is
positive.
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